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Poster: Ward Burns Date: Aug 9, 2005 9:24pm
Forum: netlabels Subject: Creative Commons court cases?

Have any court cases revolved around the rights of a Creative Commons license holder?

In other words, IN REAL LEGAL TERMS what does it mean to hold a Creative Commons license for a particular recorded work?

I am thinking of licensing my work under Creative Commons, but honestly I can't see what advantage it brings to the license holder.

Can someone tell me in simple terms what legal recourse I would have under the most strict CC license...will I be protectted and can I sue and win if someone infringes on the CC license??

thanks in advance!

WB

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Poster: Administrator, Curator, or Staffcamomille Date: Aug 9, 2005 11:38pm
Forum: netlabels Subject: Re: Creative Commons court cases?

Creative Commons is also for protection for the people who host / play online, like scene.org, archive.org and netradios like subsource and percussionlab. It is a guarantee that they can play these tracks, free of charge, without having an enveloppe in the mail saying that they were broadcasting or hosting music illegally.

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Poster: Morgan 23 Date: Aug 9, 2005 10:02pm
Forum: netlabels Subject: Re: Creative Commons court cases?

John C. Dvorak at PC Magazine wrote this (7-18-05)

"I have begged critics of the system such as The Register's Andrew Orlowski to explain to me how Creative Commons works or what it's supposed to do that current copyright law doesn't do. He says, "It does nothing." Okay, then why are bloggers and do-gooders and various supporters making a point of tagging their material as being covered by Creative Commons? Is it just because it's cool and trendy—a code for being hip amongst a certain elite? There is no other answer."

The rest of the article is here:
http://www.pcmag.com/article2/0,1895,1838244,00.asp

interesting stuff...

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Poster: Administrator, Curator, or StaffDiana Hamilton Date: Aug 9, 2005 11:54pm
Forum: netlabels Subject: Re: Creative Commons court cases?

FWIW, here's mucho reaction to that article:
http://slashdot.org/article.pl?sid=05/07/19/199227

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Poster: Administrator, Curator, or Staffaaron m Date: Aug 10, 2005 9:51am
Forum: netlabels Subject: Re: Creative Commons court cases?

Naive question really, theres too many factors at play and CC isn't much a part of it. CC is used as a form of copyright control and distribution licensing (see vince (camomille) and kendra's posts), not for Copyright itself.

And this is besides the fact, but CC is in "REAL LEGAL TERMS". ( http://creativecommons.org/licenses/by-nc-nd/2.0/legalcode )

Legal matters involving any industry no matter what you are in are all the same when it comes to copyright control; Music, webdesign, turtle racing..., whatever. Its up to the holders to watch and protect their assets. I and some other netlabels will definitly assist and watch out for such abuse, but lets be realistic here. The room for abuse of a CC license is pretty damn thin. It already contains so many allowances for use, and if a commercial entity wants to license something it would be more in their interest to begin with to gain or obtain permission from the netlabel and its artists.

This post was modified by aaron m on 2005-08-10 16:51:48

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Poster: rjnagle Date: Aug 10, 2005 5:46pm
Forum: netlabels Subject: Re: Creative Commons court cases?

IANAL, but I have thought long and hard about legal issues regarding creative commons license. I've recently written a piece about these issues (still unpublished). Here are two preliminary thought pieces about this.

http://www.imaginaryplanet.net/weblogs/copynight/?p=8

http://www.imaginaryplanet.net/weblogs/idiotprogrammer/?p=83398278

I'm a great fan of creative commons and what it stands for. But the licenses still are untested.
idiotprogrammer at fastmailbox.net

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Poster: Administrator, Curator, or Staffkendra_unique Date: Aug 9, 2005 10:39pm
Forum: netlabels Subject: Re: Creative Commons court cases?

i don't know much about the law outside of the united states but it has been pointed out that for those of us in the US, by default anything that you create carries a copyright. so with or without creative commons your material is covered. what the creative commons licence then does is actually relinquish some of those rights that you carry. by using the cc, you are saying to people "i own this, but i am allowing you to do this, this, and this with it. but if i catch you doing THIS with it instead, then we have a problem."

people are always asking what legal rights they are getting from creative commons without realizing that they already have all the rights, and that the license is actually working the other way around. in court the bottom line would simply be who owns and carries the rights to the material, and as long as you can prove that it's yours you should be okay.

that's my understanding.

This post was modified by kendra-unique on 2005-08-10 05:39:15

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Poster: Administrator, Curator, or StaffDiana Hamilton Date: Aug 11, 2005 12:08am
Forum: netlabels Subject: Re: Creative Commons court cases?

Ref: http://www.archive.org/iathreads/post-view.php?id=41043
In the above thread, please read the following usernames as likely to be from a single individual:
Ward Burns, Morgan 23
No further replies to this individual should be necessary. Thanks! A moderator.

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Poster: Administrator, Curator, or StaffTC-Genocide Date: Aug 10, 2005 6:42am
Forum: netlabels Subject: Re: Creative Commons court cases?

" am thinking of licensing my work under Creative Commons, but honestly I can't see what advantage it brings to the license holder"

Then pay a bunch of money and get "real" copyrights on all your stuff, or wait around for that "big 4" record deal ... oh and be sure to not use IA unless you have a backup way of hosting your files and have enough money for bandwidth. Yeah ...

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